The appeal considered whether the Chief Executive Officer of the Department of Environment of Western Australia’s decision to grant a land clearing permit was valid. The permit allowed the respondent to clear up to 25 hectares of land.

The Environmental Protection Act 1986 of Western Australia (EPA) requires ‘significant proposals’ to be referred and assessed. The EPA defines ‘significant proposal’ as a proposal likely, if implemented, to have a significant effect on the environment.

The applicant argued that the permit was not valid as the permit was granted prior to an environmental assessment as required by the EPA. Despite this, the Court held that the grant of the permit was valid.

Central to the Courts finding was that the particular proposal was not one that would be likely to have a significant effect on the environment. As such, the proposal was not considered a ‘significant proposal’ that required assessment. Consequently, the permit’s validity was upheld.

(Contribution:  Case provided by Charley Xu from the Queensland University of Technology)